Lawyers representing Victoria mayor Samuel Azzopardi have filed a constitutional case calling on the Attorney General to replace a magistrate in a libel case also involving Gozo minister Anton Refalo.
Dr Azzopardi, elected on a PN ticket, is arguing that magistrate Joanne Vella Cuschieri's political history as a Labour Party candidate makes her unsuitable to hear a case involving politicians from opposing parties.
The Times of Malta had announced lawyers' plans to file a constitutional case requesting the magistrate's removal last week.
Lawyers Jason Azzopardi, Kris Busietta and Julian Farrugia, all representing Dr Azzopardi, argue that their client's right to a fair hearing would be at risk should the case proceed under magistrate Vella Cuschieri.
The libel case in question was instituted by Dr Azzopardi against Dr Refalo, after the minister made a remark about a drink-driving incident involving the mayor.